King v. Beck , 82 F. App'x 84 ( 2003 )


Menu:
  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 03-7468
    DARRICK LAMONTE KING,
    Petitioner - Appellant,
    versus
    THEODIS BECK,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. James C. Fox, Senior
    District Judge. (CA-02-852-HC)
    Submitted:   November 19, 2003            Decided:   December 5, 2003
    Before WILKINSON and GREGORY, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Darrick Lamonte King, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Darrick Lamonte King, a state prisoner, seeks to appeal the
    district court’s order denying relief on his petition filed under
    
    28 U.S.C. § 2254
     (2000).        An appeal may not be taken from the final
    order in a § 2254 proceeding unless a circuit justice or judge
    issues a certificate of appealability.                
    28 U.S.C. § 2253
    (c)(1)
    (2000).   A certificate of appealability will not issue for claims
    addressed by a district court absent “a substantial showing of the
    denial of a constitutional right.”             
    28 U.S.C. § 2253
    (c)(2) (2000).
    A prisoner satisfies this standard by demonstrating that reasonable
    jurists   would   find    both    that       his   constitutional   claims     are
    debatable and that any dispositive procedural rulings by the
    district court are also debatable or wrong.                 See Miller-El v.
    Cockrell, 
    537 U.S. 322
    , 336 (2003); Slack v. McDaniel, 
    529 U.S. 473
    , 484 (2000); Rose v. Lee, 
    252 F.3d 676
    , 683 (4th Cir. 2001).
    We have independently reviewed the record and conclude that King
    has not made the requisite showing. Accordingly, we deny leave to
    proceed in forma pauperis, deny a certificate of appealability, and
    dismiss the appeal.          We dispense with oral argument because the
    facts   and   legal    contentions    are      adequately   presented     in   the
    materials     before   the    court   and      argument   would   not    aid   the
    decisional process.
    DISMISSED
    2
    

Document Info

Docket Number: 03-7468

Citation Numbers: 82 F. App'x 84

Judges: Wilkinson, Gregory, Hamilton

Filed Date: 12/5/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024